Language of document :

Notice for the OJ

 

Action brought on 15 February 2005 by Aytan's Manufacturing Company (UK) Limited against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

    (Case T-67/05)

    Language in which the application was lodged: English

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 15 February 2005 by Aytan's Manufacturing Company (UK) Limited, established in London (United Kingdom) represented by S. Malynicz, Barrister and M. J. Gilbert, Solicitor.

Criminal Clothing Limited, established in Poole (United Kingdom) was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

-    Annul the decision of the First Board of Appeal dated 8 December 2004 in case R 309/2004-1;

- Order that the Office and other parties shall bear their own costs and pay those of the applicant.

Pleas in law and main arguments

Applicant for Community trade mark:    Criminal Clothing Limited

Community trade mark concerned:        Word mark CRIMINAL for goods in classes 3, 9 and 25 (articles of clothing etc.) - application No 1676 220

Proprietor of mark or sign cited in the

opposition proceedings:            The applicant

Trade mark or sign cited in opposition:    National mark CRIMINAL DAMAGE for goods in class 25 (articles of clothing etc.)

Decision of the Opposition Division:        Opposition rejected

Decision of the Board of Appeal:        Appeal dismissed

Pleas in law:                    Misapplication of Article 8(1)(b) of Regulation (EC) No 40/941

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1 - Council Regulation (EC) No 0/9 of 20.12.1993 on the Community trade mark (OJ L 11, p. 1).